Ord 2186 - Amending the Town Code effecting a zone change from C-1 to C-1:PD for property at 470 N. Santa Cruz Avenue (APN 529-07-083)ORDINANCE 2186
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM C-1 TO C-1:PD FOR PROPERTY AT
470 N. SANTA CRUZ AVENUE (APN 529-07-083)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on
property at 470 N. Santa Cruz Avenue (Santa Clara County Assessor Parcel Number 529-07-083) as
shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from C-1
(Neighborhood Commercial) to C-1:PD (Neighborhood Commercial, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following:
1. Construction of a 45,600 square foot supermarket with an ancillary cafe, outdoor seating (24
seats), and a bank kiosk.
2. Landscaping, parking (at grade and one story below grade), and other site improvements
shown and required on the Official Development Plan,
3. Uses permitted are those specified in the underlying C-1 (Neighborhood Commercial) zone
by Sections 29.60.210 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning
Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they
may be amended in the future, subject to any restrictions or other requirements specified
elsewhere in this ordinance including, but not limited to, the Official Development Plan.
However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this
Ordinance, or by Conditional Use Permit.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Architecture and Site approval is required before construction and site improvement
construction work is performed, whether or not a permit is required for the work and before any
permit for construction is issued. Construction permits shall only be in a manner complying with
Section 29.80.130 of the Town Code.
SECTION V
The attached Exhibit A (Map), and Exhibit B (Development Plans), are part of the Official
Development Plan. The following performance standards must be complied with before issuance of
any grading, or construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Exhibit 11 of the report to the Planning Commission for the December 9, 2009 meeting. Any
changes or modifications made to the approved plans shall be approved by the Director of
Community Development, Development Review Committee, Planning Commission or the
Town Council, depending on the scope of the change(s).
2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and
hold harmless the Town and its officials in any action brought by a third party to overturn, set
aside, or void the permit or entitlement. This requirement is a condition of approval of all such
permits and entitlements whether or not expressly set forth in the approval, and may be secured
to the satisfaction of the Town Attorney.
3. ARCHITECTURE AND SITE REQUIRED: An Architecture and Site application and
approval is required for the proposed building, parking lot improvements, and other site
improvements. The Development Review Committee shall be the deciding body for the
Architecture and Site application.
4. ARHCITECTURAL CONSULTANT RECOMMENDATIONS: The Architecture and Site
application plans shall include the following recommendations from the architectural
consultant review (see report prepared by Cannon Design Group dated August 21, 2009):
■ Exterior stone shall be natural stone;
■ Include fence and landscape detail illustrating the parking lot screening along N.
Santa Cruz Avenue; and,
■ Include additional screening for the transformer located at the north property line;
5. REAR SETBACK: The rear setback shall not be less than twenty-one feet.
6. DRIVEWAY/ALLEYWAY WIDTH: The driveway width at the alleyway located on the east
side of the property shall be a minimum of 17 feet wide. The alleyway width shall be shown on
all future project plans including those for the Architecture and Site application and the
building permit. The minimum distance from a wall, fence, or similar obstacle to the edge of
the alleyway shall be two feet and shall be landscaped. Any new or amended easements shall
not be reduced in width or be less than the required alleyway width.
7. OUTDOOR DISPLAY OF MERCHANDISE: Outdoor display of merchandise shall comply
with Town Code Section 29.50.025 including a pedestrian walkway of six (6) feet between the
display and any other obstruction.
8. WINDOWS: Windows shall not be blacked -out.
9. COMMUNITY BENEFIT: The applicant has offered the following Community Benefit to
offset traffic impacts created by the proposed project: a larger selection and inventory of
products requiring fewer vehicle trips for local customers; parking stalls wider than required by
Town Code; improved aesthetics; food and supply donations to schools and non-profit
organizations; and a contribution of $128,000.00 for the full upgrade of the traffic signals at the
intersection of N. Santa Cruz Avenue and Andrews Street. Any community benefit
contribution for traffic signal upgrades not used shall be designated to other community benefit
improvements deemed appropriate by Town Council.
10. ESCRIP: The applicant shall work the Los Gatos school districts to explain eScrip
opportunities. The applicant shall submit written evidence of their effort prior to final
occupancy. The applicant shall continue to work with the school districts after project
completion.
11. BICYCLE PARKING: The applicant shall provide bike racks for on -site bicycle parking. The
bike racks shall be shown on all future project plans including those for the Architecture and
Site application and the building permit, and shall be installed prior to final occupancy.
12. CURB HEIGHT: The curb height may be six inches.
13. SECURITY BOND AND TRAFFIC STUDY: Prior to the issuance of the building permit, the
applicant shall enter into an agreement with the Town and post appropriate security bonds to
retain a traffic consultant approved by the Town engineer to evaluate project circulation. The
traffic consultant review shall include whether the left turn lane, located on N. Santa Cruz
Avenue and traveling southbound (as noted in performance standard 50 below), needs to be
extended and whether the alleyway, located on the east side of the subject property, should be
restricted to one-way traffic southbound only. The traffic consultant review shall commence 18
months immediately following final occupancy of the building permit. The applicant shall be
responsible for the installation, including costs, of any changes determined necessary by the
Parks and Public Works Department Engineering Division, and approved by the Director of the
Community Development Department and the Town Attorney.
14. CONSTRUCTION IMPACTS: The applicant agrees to comply with the following measures
agreed to by the applicant and neighboring properties:
a. The construction fence surrounding the easement adjoining the Shops and the Alley will be
moved as soon as construction in these areas is complete and it is safe to reopen to
vehicular traffic.
b. Safeway will provide Shop Tenants a minimum of 60 days "heads up" notice prior to
demolition of the existing Safeway store, An exact date of commencement will be
provided at least two weeks prior to demolition.
c. Safeway will provide Shop Tenants to design and install "excuse our dust during
construction" signage. Said signage will be in place prior to the start of construction.
Safeway will obtain required permits to install such signage.
d. Safeway will take out a half page ad on a monthly basis in the Los Gatos Weekly to
advertise its construction progress and the Shop Tenants' businesses.
e. If there are any large soil piles, Safeway will make best efforts to located them in a location
that is not upwind of the Shops.
f. Safeway will install permanent signage near the entrance to the Shop parking lot which
states "no Safeway delivery parking".
g. Safeway will host a Pre -Construction meeting onsite with neighbors at least two weeks
prior to the start of construction.
h. Safeway will outline where construction worker parking will take place,
i. Safeway will explore whether it is possible to add an additional staircase out of the
underground garage to N. Santa Cruz Avenue.
j. After demolition of the Safeway store, Safeway will power wash the Shop windows,
sidewalks and parking lot,
k. Shop Tenants are concerned about the N. Santa Cruz Avenue driveway being the sole
entrances into the site for construction trucks. Safeway will work with the Town, Shop
Tenants, and Morely Brothers to find the best compromise on this issue.
1. Source capture ventilation.
m. Sound proof store front and side wall.
n. Participation in grand opening advertising.
o. No construction worker parking in off street Town parking.
15. FINAL LANDSCAPE PLAN: A final landscape plan shall be reviewed by the Town's
Consulting Arborist and approved as part of the Architecture and Site process. Minimum tree
size at time of planting shall be 24-inch box, The landscape buffer along N. Santa Cruz
Avenue shall not be less than 10 feet wide.
16. IRRIGATION. All newly planted landscaping shall be irrigated by an in -ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing native trees
and shrubs.
17. WATER EFFICIENCY: This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code. A consultant deposit shall be paid by the
applicant when the landscape, irrigation plans and water calculations are submitted for review,
Plans and specifications shall be reviewed and approved prior to the issuance of a building
permit.
18. LOADING SPACES: The loading space setback from residential zones shall not be less than
21 feet and shall be screened by a 12 foot tall sound wall.
19. HOURS OF OPERATION: Hours of operation are 24 hours a day, seven days a week.
20. DELIVERY HOURS: Deliveries shall not occur between 9:00 pm and 7:00 am, seven days a
week.
21. GENERAL: All existing trees shown on the plan and trees required to remain or to be planted
are specific subjects of approval of this plan, and must remain on the site. Tree protection
specifications shall be printed on the construction plans.
22. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
23. TREE PRESERVATION: All recommendations of the Town's Consulting Arborist shall be
followed throughout all phases of construction. Refer to the report prepared by Arbor
Resources dated August 11, 2009 for details.
24. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees prior
to issuance of demolition and building permits and shall remain through all phases of
construction. Fencing shall be six foot high cyclone attached to two-inch diameter steel posts
drive 18 inches into the ground and spaced no further than 10 feet apart or as deemed
appropriate and described in the report prepared by Arbor Resources dated August 11, 2009,
including any revisions or amendments to said report. Include a tree protection fencing plan
with the construction plans.
25. REPLACEMENT TREES: Replacement trees shall be planted for all trees that are removed.
The number and size of new trees shall be determined using the canopy replacement table in
the Town's Tree Protection Ordinance. Required trees shall be planted prior to final
inspection.
26. TREE STAKING. All newly planted trees shall be double -staked using rubber tree ties,
27, *BIOLOGICAL RESOURCES MITIGATION .MEASURE #1: All of the recommendations
made by Arbor Resources (August 11, 2009) will be implemented to eliminate or minimize the
construction -related impacts on the trees to be retained. Recommendations are listed under
Section 4.0, Recommendations, of the arborist's report. These include recommendations under
the Design Guidelines section addressing tree location mapping, protective fencing, building
setback, trenching, drainage facilities, and installation of new trees. The report also provides
recommendations for Protection Measures before and during construction, encompassing
fencing, removal of hardscape, demolition, work within tree canopies, etc. The report's
recommendations are included as Attachment 3 of the Initial Study.
28. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #1: The project
applicant shall prepare a management plan to confirm the presence of all suspected hazardous
materials on the site (including asbestos -containing materials, lead -based paints, fluorescent
light ballasts, mercury -containing switches, chlorofluorocarbons in refrigeration units, and soil
contaminants (organochlorine pesticides, arsenic, lead, petroleum, and polynuclear aromatic
hydrocarbon residue) that could be present due to former rail activities. The plan shall specify
applicable regulations that would determine appropriate handling and disposal of these
materials. For suspected hazardous materials (contaminated soil and groundwater) that may be
encountered during construction, the management plan shall also include contingency plans for
site safety, worker protection, sampling and investigation, and disposal or remediation; these
shall be based on soil and groundwater sampling and testing that have been completed to date
and as well as supplemental testing to be completed as part of Phase II investigations. The
management plan shall be filed with the Town of Los Gatos and all other jurisdictional
agencies prior to issuance of the demolition and grading permits.
29. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #2: If
groundwater is encountered during project construction and dewatering is required, the project
applicant shall undertake sampling and testing of the encountered groundwater in accordance
with the contingency sampling and investigation plan as specified in the measure noted above.
If groundwater is found to contain contaminants that exceed regulatory action levels, it may not
be discharged into the existing storm drainage system. Removal and handling of the
contaminated groundwater should be done in a manner acceptable to the RWQCB, the Town,
and other jurisdictional agencies.
30. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #3: During
excavation activities, the contractor should be prepared for potential encounters with hazardous
materials in areas not already characterized. The contractors should be alerted for visible
evidence of hazardous materials such as soil discoloration, suspicious odors, presence of
underground tanks, piping, or other buried building materials; the Town and Kleinfelder should
be notified immediately of any such discoveries.
31. *HYDROLOGY AND WATER QUALITY MITIGATION MEASURE #1: All of the
recommendations made by Eisenberg, Olivieri & Associates (September 1, 2009; included as
Attachment 5 of the Initial Study) will be implemented to eliminate or minimize the
construction and operation -related impacts on the water quality of surface runoff generated by
the project site. These include: recommendations for appropriate plantings in bio-retention
areas, inclusion of identified pollutant source control measures, the establishment of facilities
maintenance agreements with the Town, and limitations ongrading operations for project
construction.
32. *NOISE MITIGATION MEASURE #1: To minimize construction noise impacts on existing
adjacent residences, the six-foot high masonry wall along the eastern project boundary shall be
constructed as early as possible (prior to project grading activities, if feasible),
33. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building permit detailing how the Conditions of Approval will be addressed.
34. GREEN HOUSE GAS MEASURES: Where feasible, the developer shall implement the
following BAAQMD recommended GHG control measures:
• Use alternative fueled (e.g., biodiesel, electric) construction vehicles/equipment in at
least 15 percent of the fleet;
• Use at least ten percent local (within 100 miles) building materials; and
• Recycle at least 50 percent of construction waste or demolition materials.
Building Division
35. PERMITS REQUIRED: A building permit shall be required for the demolition of the existing
commercial building and the construction of the new commercial building or the alteration and
addition to the existing commercial building. Separate permits are required for electrical,
mechanical, and plumbing work as necessary.
36. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on the
cover sheet of the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval will
be addressed.
37. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
38. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application
and a Bay Area Air Quality Management Application from the Building Department Service
Counter. Once the demolition form has been completed, all signatures obtained, and written
verification from PG&E that all utilities have been disconnected, return the completed from to
the Building Department Service Counter with the J# Certificate, PG&E verification, and three
(3) sets of site plans to include all existing structures, existing utility service lines such as
water, sewer, and PG&E. No demolition work shall be done without first obtaining a permit
from the Town.
39. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted with the
building permit application. This report shall be prepared by a licensed civil engineer
specializing in soils mechanics. California Building Chapter 18
40. SHORING: Shoring plans and calculations will be required for all excavations which exceed
four (4) feet in depth or which remove lateral support from any existing building, adjacent
property or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall conform to Cal/OSHA regulations.
41. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection. This
certificate shall certify compliance with the recommendations as specified in the soils report;
and, the building pad elevation, on -site retaining wall locations and elevations are prepared
according to approved plans. Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d, Retaining Walls
42. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans
if a backwater valve is required and the location of the installation. The Town of Los Gatos
Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage
piping serving fixtures that have flood level rims less than 12-inches above the elevation of the
next upstream manhole.
43. TITLE 24 — COMMERCIAL: The building shall comply with the latest California Title 24
Accessibility Standards
44. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permit. The Town Special
Inspection form must be completely filled -out and signed by all requested parties prior to
permit issuance. Special Inspection forms are available from the Building Division Service
Counter or online at www.losgatosca.gov/building
45. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara
County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 24x36)
shall be part of the plan submittal as the second page. The specification sheet is available at the
Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee.
46. PLANS: The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538)
47, *AIR QUALITY MITIGATION MEASURE #1: Contract specifications shall include the
BAAQMD's Best Management Practices in effect at the time of construction. "Basic Control
Measures" for dust emissions and recommendations for exhaust emissions as outlined in the
BAAQMD CEQA Guidelines. These requirements include:
Basic Dust Control Measures (apply to all construction sites)
■ Water all active construction areas at least twice daily.
■ Cover all trucks hauling soil, sand, and other loose debris or require all trucks to
maintain at least two feet of freeboard.
■ Pave, apply water three times daily, or apply (non -toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites.
■ Sweep daily (with water sweepers) all paved access roads, parking areas, and staging
areas at construction sites.
■ Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets.
Equipment Exhaust Control Measures (apply to all construction projects to the extent
feasible)
• Use alternative -fueled construction equipment.
• Minimize idling time of construction equipment.
■ Maintain properly tuned equipment.
• Limit the hours of operation of heavy-duty equipment and/or the amount of
equipment in use.
48. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Joel Paulson at 354-6879
b. Engineering/Parks & Public Works Department: John Gaylord at 395-3460
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to permit
issuance,
f. Bay Area Air Quality Management District: (415) 771-6000
g. Environmental Health Department: (408) 885-4200
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
49. *GEOLOGY AND SOILS MITIGATION MEASURE #1: The recommendations of the
Kleinfelder geotechnical investigation (June 25, 2007) and supplemental response to peer
review (October 6, 2009) shall be incorporated in the final construction plans for the proposed
project (included as Attachment 4 of the Initial Study). Prior to the issuance of the building
permit(s), the Town shall review final construction plans submitted with the building per nit(s)
application to ensure that all recommendations of the investigation and response are
incorporated into the site design in order to minimize the potential impacts resulting from
regional seismic activity and subsurface soil conditions on the site.
50. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #1: The southbound left -
turn lane at the North Santa Cruz Avenue/Andrews Street intersection may be extended to 125
feet to accommodate the potential queue from project -related left -turn movements based on the
traffic study required by performance standard number 13 above.
51. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #2: The outbound left -
turn movement at the back alley driveway (onto Andrews Street) shall be prohibited due to the
potential conflict with exiting traffic from the underground parking garage.
52. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #3: The throat of the
access on Santa Cruz Avenue shall be re -designed to accommodate more exiting vehicles from
the parking lot and the underground parking garage,
53. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and/or the street will
not be allowed unless a special permit is issued. The developer's representative in charge shall
be at the job site during all working hours. Failure to maintain the public right-of-way
according to this condition may result in the Town performing the required maintenance at the
developer's expense.
54. ENCROACHMENT PERMIT. All work in the public right-of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security,
55. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on -
site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to
do so will result in rejection of work that went on without inspection.
56. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant
capacity fees shall be paid either immediately prior to the recordation of any subdivision or
tract maps with respect to the subject property or properties, or immediately prior to the
issuance of a sewer connection permit, which ever event occurs first — written confirmation of
payment of these fees shall be provided prior to map recordation.
57. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress printing to
the Town for review of above ground utilities including backflow prevention devices, fire
department connections, gas and water meters, off-street valve boxes, hydrants, site lighting,
electrical/communication/cable boxes, transformers, etc. Above ground utilities shall be
reviewed and approved by Community Development prior to issuance of any permit.
58. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded prior to any permits.
59. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job
site at all times during construction.
60. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading
permit application (with grading plans) shall be made to the Engineering Division of the Parks
& Public Works Department located at 41 Miles Avenue. The grading plans shall include final
grading, drainage, retaining wall location, driveway, utilities and interim erosion control.
Grading plans shall list earthwork quantities and a table of existing and proposed impervious
areas. Unless specifically allowed by the Director of Parks and Public Works, the grading
permit will be issued concurrently with the building permit. The grading permit is for work
outside the building footprint(s). A separate building permit, issued by the Building
Department on E. Main Street is needed for grading within the building footprint.
61. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit.
62. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
a. Retaining wall --top of wall elevations and locations
b. Toe and top of cut and fill slopes
63. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations
and grading shall be inspected by the applicant's soils engineer prior to placement of concrete
and/or backfill so they can verify that the actual conditions are as anticipated in the design -
level geotechnical report, and recommend appropriate changes in the recommendations
contained in the report, if necessary. The results of the construction observation and testing
should be documented in an "as -built" letter/report prepared by the applicants' soils engineer
and submitted to the Town before final release of any occupancy permit is granted.
64. SHARED PRIVATE ALLEY. The private alley along the eastern boundary of the Project Site
shall be kept open and in a safe, drive -able condition throughout construction. If temporary
closure is needed, then formal written notice shall be provided at least one week in advance of
closure to all affected parties. Exact details of closure requirements including noticing,
signage, etc. will be determined at subsequent approval.
65. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an
encroachment permit. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may be required.
66. PARKING. Any proposed parking restrictions must be approved by Los Gatos Police
Department.
67. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that
the building foundation was constructed in accordance with the approved plans shall be
provided subsequent to foundation construction and prior to construction on the structure. The
pad certification shall address both vertical and horizontal foundation placement.
68. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to submittal
of plans to the Engineering Division of the Parks and Public Works Department.
69. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of
any Permit.
70. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of
any site work; the general contractor shall:
a. Along with the project applicant, attend a pre -construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub -contractors have read and
understand them prior to commencing work and that a copy of the project conditions
of approval will be posted on site at all times during construction.
71. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main
Street, may be required for site retaining walls. Walls are not reviewed or approved by the
Engineering Division of Parks and Public Works during the grading permit plan review
process.
72, GEOLOGY AND SOILS. A geotechnical investigation shall be conducted for the project to
determine the surface and sub -surface conditions at the site and to determine the potential for
surface fault rupture on the site. The geotechnical study shall provide recommendations for
site grading as well as the design of foundations, retaining walls, concrete slab -on -grade
construction, excavation, drainage, on -site utility trenching and pavement sections. The
investigation will be reviewed by Town Consultant and all comments addressed (deposit
already received). All recommendations of the final investigation shall be incorporated into
project plans
73. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review
the final grading and drainage plans to ensure that designs for foundations, retaining walls, site
grading, and site drainage are in accordance with their recommendations and the peer review
comments. The applicant's soils engineer's approval shall then be conveyed to the Town either
by letter or by signing the plans.
74. DEDICATIONS. The following shall be dedicated by separate instrument. The dedication
shall be recorded before occupancy is allowed.
a. North Santa Cruz Ave and Andrews Street may require Sidewalk easements at
commercial driveways based on final design.
75. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to
issuance of any permit.
76. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's public
frontage to current Town Standards. These improvements may include curb, gutter, sidewalk,
bus pads, concrete parking apron, driveway approaches, curb ramps (required to be ADA
compliant), traffic devices, etc.
a. Traffic Signal at Andrews/Santa Cruz will need to be upgraded (all 4 directions) to
include Energy Efficient LED lighting signal indication, replacing 3M optical signal
indication with standard LED head, LED pedestrian countdown signals, replace 8"
signal heads with 12" Town standard (as needed), ADA push buttons and traffic
cameras (video detection). Condition includes modifying controller and service
cabinets as necessary as directed by Town Engineer.
b. Upgrade frontage street lighting to energy efficient LED (5 total-3 stand alone, 2 on
signal poles).
77, DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer, in
writing, at least 72 hours in advance of all differences between the proposed work and the
design indicated on the plans. Any proposed changes shall be subject to the approval of the
Town before altered work is started. Any approved changes shall be incorporated into the final
"as -built" drawings.
78. TRAFFIC IMPROVEMENTS. Extend southbound left -turn storage to 125 feet for south
bound N Santa Cruz at Andrews Ave (see TJKM Traffic Impact Study dated October 1, 2009 —
Conclusions item 5)
79. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a fee
proportional to the project's share of transportation improvement needed to serve cumulative
development within the Town of Los Gatos. The fee amount.will be based upon the Town
Council resolution in effect at the time the building permit application is made. The fee shall
be paid before the building permit is issued. The traffic impact mitigation fee for this project,
using the current fee schedule and the preliminary plans is approximately $125,000. The final
fee shall be calculated from the final plans using the rate schedule in effect at the time of the
building permit application, using a trip generation rate based on proposed use.
80. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit, the
project Applicant shall complete a pavement condition survey documenting the extent of
existing pavement defects using a 35-mm or digital video camera. The survey shall extents
shall be determined in subsequent approvals. In addition, a pavement deflection analysis
conforming to the same limits as the photographic survey shall be performed to determine
pavement strength. The results shall be documented in a report and submitted to the Town for
review.
81. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete a
pavement condition survey and pavement deflection analysis to determine whether road
damage occurred as a result of project construction and whether there were changes in
pavement strength. Rehabilitation improvements required to restore the pavement to pre -
construction condition and strength shall be determined using State of California procedures
for deflection analysis. The results shall be documented in a report and submitted to the Town
for review and approval. The Applicant shall be responsible for completing any required road
repairs prior to release of the faithful performance bond.
82. RESLURRY PROJECT FRONTAGE. The project will be required to re -slurry the project
frontage prior to final occupancy (exact limits to be determined by Town Engineer based on
actual project impacts).
83. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A Notice of
Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the
San Francisco Bay Regional Water Quality Control Board for projects disturbing more than
one acre. A maximum of two weeks is allowed between clearing of an area and
stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion
control measures, to be carried out during construction and before installation of the final
landscaping shall be included. Interim erosion control method shall include, but are not limited
to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard
seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control
measures as needed to protect downstream water quality during winter months. The grading,
drainage, erosion control plans and SWPPP shall be in compliance with applicable measures
contained in the amended provisions C.3 and C.14 of Order No, R2-2005-0035 of the amended
Santa Clara County NPDES Permit.
84. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and by
landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in
use at the construction site. All portions of the site subject to blowing dust shall be watered as
often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-
toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at
construction sites in order to insure proper control of blowing dust for the duration of the
project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers
or by hand as often as deemed necessary by the Town Engineer, or at least once a day..
Watering associated with on -site construction activity shall take place between the hours of 8
a.m, and 5 p.m. and shall include at least one late -afternoon watering to minimize the effects of
blowing dust. All public streets soiled or littered due to this construction activity shall be
cleaned and swept on a daily basis during the workweek to the satisfaction of the Town.
Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts)
exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered.
85. TRUCK ROUTING AND LOGISTICS PLAN. The applicant will be required to adhere to the
attached Truck Routing and Logistics Plan (Exhibit C), specifically the construction vehicle
route and construction ingress and egress locations. Any required modification to this plan
must be temporary and approved in writing by the Town Engineer prior to implementation.
Notification of any proposed modification must be provided to all adjacent properties at time
of proposed modification. Onsite signage of any approved modifications must be provided one
week prior to implementation. The final Construction and Management Plan must comply with
these documents.
86. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction staging
area, construction trailer, and proposed outhouse locations.
87. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion
of a street which abuts property in a residential zone without prior approval from the Town
Engineer (§ 15.40.070).
88. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks or other approved
BMP devices. No through curb drains will be allowed.
89. STORM WATER MANAGEMENT PLAN. A final storm water management shall be
included with the grading permit application for all Group Land Group 2 projects as defined in
the amended provisions C,3.d. of Order No. R2-2005-0035 of the amended Santa Clara County
NPDES Permit No. CAS029718. The plan shall delineate source control measures and BMP's
together with the sizing calculations. The plan shall be certified by a professional pre -qualified
by the Town. In the event that storm water measures proposed on the Planning approval differ
significantly from those certified on the Building/Grading Permit, the Town may require a
modification of the Planning approval prior to release of the Building Permit. The applicant
may elect to have the Planning submittal certified to avoid this possibility.
90. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION
AND MAINTENANCE OBLIGATIONS. The property owner shall enter into an agreement
with the Town for maintenance of the stormwater filtration devices required to be installed on
this project by Town's Stormwater Discharge Permit No. CAS029718 and modified by Order
No. R2-2005-0035. The agreement will specify that certain routine maintenance shall be
performed by the property owner and will specify device maintenance reporting requirements.
The agreement will also specify routine inspection requirements, permits and payment of fees.
The agreement shall be recorded prior to release of any occupancy permits,
91. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a
daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the
Town's storm drains.
92. UTILITIES, The developer shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines underground,
as required by Town Code §27.50.015(b). All new utility services shall be placed
underground. Underground conduit shall be provided for cable television service.
93. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc.
shall be repaired and replaced to a condition equal to or better than the original condition.
Existing improvement to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.
Developer shall request a walk-through with the Engineering Construction Inspector before the
start of construction to verify existing conditions.
94. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any
sidewalk damaged now or during construction of this project. Sidewalk repair shall match
existing color, texture and design, and shall be constructed per Town Standard Details. The
limits of sidewalk repair will be determined by the Engineering Construction Inspector during
the construction phase of the project.
95. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any
curb and gutter damaged now or during construction of this project. New curb and gutter shall
be constructed per Town Standard Details. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
project.
96. DRIVEWAY APPROACH. The developer shall install three commercial driveway
approach(es). The new driveway approaches shall be constructed per Town Standard Details.
97. AS -BUILT PLANS. After completion of the construction of all work, the original plans shall
have all changes (change orders and field changes) clearly marked. The "as -built" plans shall
again be signed and "wet -stamped" by the civil engineer who prepared the plans, attesting to
the changes. The original "as -built" plans shall be review and approved the Engineering
Inspector. A Mylar and AutoCAD disk of the approved "as -built" plans shall be provided to
the Town before the Faithful Performance Security or Occupancy Permit is released. The
AutoCAD file shall include only the following information and shall conform to the layer
naming convention: a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway, Layer:
DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer:
SWIMMING -POOL; e) Tennis Court, Layer: TENNIS -COURT; f) Property Line, Layer:
PROPERTY -LINE; g) Contours, Layer: NEWCONTOUR. All as -built digital files must be on
the same coordinate basis as the Town's survey control network and shall be submitted in
AutoCAD version 2000 or higher.
98. SANITARY SEWER LATERAL, Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean -out at the property line.
99. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have
flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system serving
such drainage piping shall be protected from backflow of sewage by installing an approved
type backwater valve. Fixtures above such elevation shall not discharge through the backwater
valve, unless first approved by the Administrative (Sec, 6.50.025). The Town shall not incur
any liability or responsibility for damage resulting from a sewer overflow where the property
owner or other person has failed to install a backwater valve, as defined section 103(e) of the
Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such
device in a functional operating condition. Evidence of West Valley Sanitation District's
decision on whether a backwater device is needed shall .be provided prior to issuance of a
building permit.
100, OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and area
drains connected to the sanitary sewer system shall be provided. Temporary trash enclosures
are exempt from this condition.
101. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and
West Valley Sanitation District for the interception; separation or pretreatment of effluent.
102. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m, to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five
(85) dBA at twenty-five (25) feet. If the device is located within a structure on the property,
the measurement shall be made at distances as close to twenty-five (25) feet from the device as
possible. The noise level at any point outside of the property plane shall not exceed eighty-five
(85) dBA.
103. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during
the course of construction. Superintendence of construction shall be diligently performed by a
person or persons authorized to do so at all times during working hours. The storing of goods
and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is
issued by the Engineering Division, The adjacent public right-of-way shall be kept clear of all
job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities, The storing of goods and materials on the sidewalk and/or the street will
not be allowed unless a special permit is issued, The developer's representative in charge shall
be at the job site during all working hours. Failure to maintain the public right-of-way
according to this condition may result in the Town performing the required maintenance at the
developer's expense.
104. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.).
Prior to the issuance of a building permit, the developer shall work with the Town Building
and Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic
flow under periods when soil is hauled on or off the project site. This may include, but is not
limited to provisions for the developer/owner to place construction notification signs noting the
dates and time of construction and hauling activities, or providing additional traffic control.
Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at
least two feet of freeboard.
105. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
106. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
107. FUTURE STUDIES. Any project traffic, parking counts, or other studies imposed by Planning
Commission• or Town Council shall be funded by the applicant.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
108, FIRE SPRINKLERS REQUIRED: Approved automatic sprinklers are required in all new and
existing modified buildings when gross floor area exceeds 3,600 square feet or that are 3 or
more stories in height. Exception: One-time additions to existing buildings made after
01/01/2008 that do not exceed 500 gross square feet. A State of California licensed (C-16) Fire
Protection Contractor shall submit plans, calculations, a complete permit application and
appropriate fees to this department for review and approval prior to beginning their work.
109. PRIVATE ON -SITE FIRE HYDRANT(S) REQUIRED: Provide one (1) private on -site fire
hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department.
Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flow of 2,000 GPM
at 20 psi residual pressure. Prior to design, the project civil engineer shall meet with the fire
department water supply officer to jointly spot the required fire hydrant locations.
110, POTABLE WATER SUPPLIES: Potable water supplies shall be protected from contamination
caused by fire protection water supplies. It is the responsibility of the applicant and any
contractors and subcontractors to contact the water purveyor supplying the site of such project,
and to comply with the requirements of that purveyor. Such requirements shall be incorporated
into the design and any water -based fire protection systems, and/or fire suppression water
supply systems or storage containers that may be physically connected in any manner to an
appliance capable of causing contamination of the potable water supply of the purveyor of
record. Final approval of the system(s) under consideration will not be granted by this office
until compliance with the requirements of the water purveyor of record are documented by that
purveyor as having been met by the applicant(s).
111, FIRE LANE MARKING REQUIRED: Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installations shall also conform to Local
Government Standards and Fire Department Standard Details and Specifications A-6,
TO THE SATISFACTION OF THE POLICE DEPARTMENT:
112. CAMERA AND LIGHTING PLAN: At the time of building permit plan submittal, the
applicant shall submit a camera and lighting plan. The plan shall include night/day high
resolution cameras at the entrance/exits to the supermarket and parking garage The DVR
system shall hold at least 48 to 72 hours of recording before write -over with the ability to
review any criminal activity at the time of occurrence or the ability to burn a DVD within 24
hours or less. The camera and lighting plan shall be installed prior to commencement of use to
the satisfaction of the Chief of Police.
* Required Mitigation Measure.
ORDINANCE 2186
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on January 19, 2010, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a meeting of the Town Council of the Town of Los Gatos on February 1, 2010 and becomes
effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman and Mayor Diane McNutt
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Lmie, AleVAL
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TEST:
OF TH TOWN OF LOS GATOS
TOS, CALIFORNIA
ORDINANCE 2186
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM C-1 TO C-1:PD FOR PROPERTY AT
470 N. SANTA CRUZ AVENUE (APN 529-07-083)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on
property at 470 N. Santa Cruz Avenue (Santa Clara County Assessor Parcel Number 529-07-083) as
shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from C-1
(Neighborhood Commercial) to C-1:PD (Neighborhood Commercial, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following:
1. Construction of a 45,600 square foot supermarket with an ancillary cafe, outdoor seating (24
seats), and a bank kiosk.
2. Landscaping, parking (at grade and one story below grade), and other site improvements
shown and required on the Official Development Plan,
3. Uses permitted are those specified in the underlying C-1 (Neighborhood Commercial) zone
by Sections 29.60.210 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning
Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they
may be amended in the future, subject to any restrictions or other requirements specified
elsewhere in this ordinance including, but not limited to, the Official Development Plan.
However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this
Ordinance, or by Conditional Use Permit.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Architecture and Site approval is required before construction and site improvement
construction work is performed, whether or not a permit is required for the work and before any
permit for construction is issued. Construction permits shall only be in a manner complying with
Section 29.80.130 of the Town Code.
SECTION V
The attached Exhibit A (Map), and Exhibit B (Development Plans), are part of the Official
Development Plan. The following performance standards must be complied with before issuance of
any grading, or construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Exhibit 11 of the report to the Planning Commission for the December 9, 2009 meeting. Any
changes or modifications made to the approved plans shall be approved by the Director of
Community Development, Development Review Committee, Planning Commission or the
Town Council, depending on the scope of the change(s).
2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and
hold harmless the Town and its officials in any action brought by a third party to overturn, set
aside, or void the permit or entitlement. This requirement is a condition of approval of all such
permits and entitlements whether or not expressly set forth in the approval, and may be secured
to the satisfaction of the Town Attorney.
3. ARCHITECTURE AND SITE REQUIRED: An Architecture and Site application and
approval is required for the proposed building, parking lot improvements, and other site
improvements. The Development Review Committee shall be the deciding body for the
Architecture and Site application.
4. ARHCITECTURAL CONSULTANT RECOMMENDATIONS: The Architecture and Site
application plans shall include the following recommendations from the architectural
consultant review (see report prepared by Cannon Design Group dated August 21, 2009):
■ Exterior stone shall be natural stone;
■ Include fence and landscape detail illustrating the parking lot screening along N.
Santa Cruz Avenue; and,
■ Include additional screening for the transformer located at the north property line;
5. REAR SETBACK: The rear setback shall not be less than twenty-one feet.
6. DRIVEWAY/ALLEYWAY WIDTH: The driveway width at the alleyway located on the east
side of the property shall be a minimum of 17 feet wide. The alleyway width shall be shown on
all future project plans including those for the Architecture and Site application and the
building permit. The minimum distance from a wall, fence, or similar obstacle to the edge of
the alleyway shall be two feet and shall be landscaped. Any new or amended easements shall
not be reduced in width or be less than the required alleyway width.
7. OUTDOOR DISPLAY OF MERCHANDISE: Outdoor display of merchandise shall comply
with Town Code Section 29.50.025 including a pedestrian walkway of six (6) feet between the
display and any other obstruction.
8. WINDOWS: Windows shall not be blacked -out.
9. COMMUNITY BENEFIT: The applicant has offered the following Community Benefit to
offset traffic impacts created by the proposed project: a larger selection and inventory of
products requiring fewer vehicle trips for local customers; parking stalls wider than required by
Town Code; improved aesthetics; food and supply donations to schools and non-profit
organizations; and a contribution of $128,000.00 for the full upgrade of the traffic signals at the
intersection of N. Santa Cruz Avenue and Andrews Street. Any community benefit
contribution for traffic signal upgrades not used shall be designated to other community benefit
improvements deemed appropriate by Town Council.
10. ESCRIP: The applicant shall work the Los Gatos school districts to explain eScrip
opportunities. The applicant shall submit written evidence of their effort prior to final
occupancy. The applicant shall continue to work with the school districts after project
completion.
11. BICYCLE PARKING: The applicant shall provide bike racks for on -site bicycle parking. The
bike racks shall be shown on all future project plans including those for the Architecture and
Site application and the building permit, and shall be installed prior to final occupancy.
12. CURB HEIGHT: The curb height may be six inches.
13. SECURITY BOND AND TRAFFIC STUDY: Prior to the issuance of the building permit, the
applicant shall enter into an agreement with the Town and post appropriate security bonds to
retain a traffic consultant approved by the Town engineer to evaluate project circulation. The
traffic consultant review shall include whether the left turn lane, located on N. Santa Cruz
Avenue and traveling southbound (as noted in performance standard 50 below), needs to be
extended and whether the alleyway, located on the east side of the subject property, should be
restricted to one-way traffic southbound only. The traffic consultant review shall commence 18
months immediately following final occupancy of the building permit. The applicant shall be
responsible for the installation, including costs, of any changes determined necessary by the
Parks and Public Works Department Engineering Division, and approved by the Director of the
Community Development Department and the Town Attorney.
14. CONSTRUCTION IMPACTS: The applicant agrees to comply with the following measures
agreed to by the applicant and neighboring properties:
a. The construction fence surrounding the easement adjoining the Shops and the Alley will be
moved as soon as construction in these areas is complete and it is safe to reopen to
vehicular traffic.
b. Safeway will provide Shop Tenants a minimum of 60 days "heads up" notice prior to
demolition of the existing Safeway store, An exact date of commencement will be
provided at least two weeks prior to demolition.
c. Safeway will provide Shop Tenants to design and install "excuse our dust during
construction" signage. Said signage will be in place prior to the start of construction.
Safeway will obtain required permits to install such signage.
d. Safeway will take out a half page ad on a monthly basis in the Los Gatos Weekly to
advertise its construction progress and the Shop Tenants' businesses.
e. If there are any large soil piles, Safeway will make best efforts to located them in a location
that is not upwind of the Shops.
f. Safeway will install permanent signage near the entrance to the Shop parking lot which
states "no Safeway delivery parking".
g. Safeway will host a Pre -Construction meeting onsite with neighbors at least two weeks
prior to the start of construction.
h. Safeway will outline where construction worker parking will take place,
i. Safeway will explore whether it is possible to add an additional staircase out of the
underground garage to N. Santa Cruz Avenue.
j. After demolition of the Safeway store, Safeway will power wash the Shop windows,
sidewalks and parking lot,
k. Shop Tenants are concerned about the N. Santa Cruz Avenue driveway being the sole
entrances into the site for construction trucks. Safeway will work with the Town, Shop
Tenants, and Morely Brothers to find the best compromise on this issue.
1. Source capture ventilation.
m. Sound proof store front and side wall.
n. Participation in grand opening advertising.
o. No construction worker parking in off street Town parking.
15. FINAL LANDSCAPE PLAN: A final landscape plan shall be reviewed by the Town's
Consulting Arborist and approved as part of the Architecture and Site process. Minimum tree
size at time of planting shall be 24-inch box, The landscape buffer along N. Santa Cruz
Avenue shall not be less than 10 feet wide.
16. IRRIGATION. All newly planted landscaping shall be irrigated by an in -ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing native trees
and shrubs.
17. WATER EFFICIENCY: This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code. A consultant deposit shall be paid by the
applicant when the landscape, irrigation plans and water calculations are submitted for review,
Plans and specifications shall be reviewed and approved prior to the issuance of a building
permit.
18. LOADING SPACES: The loading space setback from residential zones shall not be less than
21 feet and shall be screened by a 12 foot tall sound wall.
19. HOURS OF OPERATION: Hours of operation are 24 hours a day, seven days a week.
20. DELIVERY HOURS: Deliveries shall not occur between 9:00 pm and 7:00 am, seven days a
week.
21. GENERAL: All existing trees shown on the plan and trees required to remain or to be planted
are specific subjects of approval of this plan, and must remain on the site. Tree protection
specifications shall be printed on the construction plans.
22. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
23. TREE PRESERVATION: All recommendations of the Town's Consulting Arborist shall be
followed throughout all phases of construction. Refer to the report prepared by Arbor
Resources dated August 11, 2009 for details.
24. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees prior
to issuance of demolition and building permits and shall remain through all phases of
construction. Fencing shall be six foot high cyclone attached to two-inch diameter steel posts
drive 18 inches into the ground and spaced no further than 10 feet apart or as deemed
appropriate and described in the report prepared by Arbor Resources dated August 11, 2009,
including any revisions or amendments to said report. Include a tree protection fencing plan
with the construction plans.
25. REPLACEMENT TREES: Replacement trees shall be planted for all trees that are removed.
The number and size of new trees shall be determined using the canopy replacement table in
the Town's Tree Protection Ordinance. Required trees shall be planted prior to final
inspection.
26. TREE STAKING. All newly planted trees shall be double -staked using rubber tree ties,
27, *BIOLOGICAL RESOURCES MITIGATION .MEASURE #1: All of the recommendations
made by Arbor Resources (August 11, 2009) will be implemented to eliminate or minimize the
construction -related impacts on the trees to be retained. Recommendations are listed under
Section 4.0, Recommendations, of the arborist's report. These include recommendations under
the Design Guidelines section addressing tree location mapping, protective fencing, building
setback, trenching, drainage facilities, and installation of new trees. The report also provides
recommendations for Protection Measures before and during construction, encompassing
fencing, removal of hardscape, demolition, work within tree canopies, etc. The report's
recommendations are included as Attachment 3 of the Initial Study.
28. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #1: The project
applicant shall prepare a management plan to confirm the presence of all suspected hazardous
materials on the site (including asbestos -containing materials, lead -based paints, fluorescent
light ballasts, mercury -containing switches, chlorofluorocarbons in refrigeration units, and soil
contaminants (organochlorine pesticides, arsenic, lead, petroleum, and polynuclear aromatic
hydrocarbon residue) that could be present due to former rail activities. The plan shall specify
applicable regulations that would determine appropriate handling and disposal of these
materials. For suspected hazardous materials (contaminated soil and groundwater) that may be
encountered during construction, the management plan shall also include contingency plans for
site safety, worker protection, sampling and investigation, and disposal or remediation; these
shall be based on soil and groundwater sampling and testing that have been completed to date
and as well as supplemental testing to be completed as part of Phase II investigations. The
management plan shall be filed with the Town of Los Gatos and all other jurisdictional
agencies prior to issuance of the demolition and grading permits.
29. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #2: If
groundwater is encountered during project construction and dewatering is required, the project
applicant shall undertake sampling and testing of the encountered groundwater in accordance
with the contingency sampling and investigation plan as specified in the measure noted above.
If groundwater is found to contain contaminants that exceed regulatory action levels, it may not
be discharged into the existing storm drainage system. Removal and handling of the
contaminated groundwater should be done in a manner acceptable to the RWQCB, the Town,
and other jurisdictional agencies.
30. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #3: During
excavation activities, the contractor should be prepared for potential encounters with hazardous
materials in areas not already characterized. The contractors should be alerted for visible
evidence of hazardous materials such as soil discoloration, suspicious odors, presence of
underground tanks, piping, or other buried building materials; the Town and Kleinfelder should
be notified immediately of any such discoveries.
31. *HYDROLOGY AND WATER QUALITY MITIGATION MEASURE #1: All of the
recommendations made by Eisenberg, Olivieri & Associates (September 1, 2009; included as
Attachment 5 of the Initial Study) will be implemented to eliminate or minimize the
construction and operation -related impacts on the water quality of surface runoff generated by
the project site. These include: recommendations for appropriate plantings in bio-retention
areas, inclusion of identified pollutant source control measures, the establishment of facilities
maintenance agreements with the Town, and limitations ongrading operations for project
construction.
32. *NOISE MITIGATION MEASURE #1: To minimize construction noise impacts on existing
adjacent residences, the six-foot high masonry wall along the eastern project boundary shall be
constructed as early as possible (prior to project grading activities, if feasible),
33. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building permit detailing how the Conditions of Approval will be addressed.
34. GREEN HOUSE GAS MEASURES: Where feasible, the developer shall implement the
following BAAQMD recommended GHG control measures:
• Use alternative fueled (e.g., biodiesel, electric) construction vehicles/equipment in at
least 15 percent of the fleet;
• Use at least ten percent local (within 100 miles) building materials; and
• Recycle at least 50 percent of construction waste or demolition materials.
Building Division
35. PERMITS REQUIRED: A building permit shall be required for the demolition of the existing
commercial building and the construction of the new commercial building or the alteration and
addition to the existing commercial building. Separate permits are required for electrical,
mechanical, and plumbing work as necessary.
36. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on the
cover sheet of the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval will
be addressed.
37. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
38. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application
and a Bay Area Air Quality Management Application from the Building Department Service
Counter. Once the demolition form has been completed, all signatures obtained, and written
verification from PG&E that all utilities have been disconnected, return the completed from to
the Building Department Service Counter with the J# Certificate, PG&E verification, and three
(3) sets of site plans to include all existing structures, existing utility service lines such as
water, sewer, and PG&E. No demolition work shall be done without first obtaining a permit
from the Town.
39. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted with the
building permit application. This report shall be prepared by a licensed civil engineer
specializing in soils mechanics. California Building Chapter 18
40. SHORING: Shoring plans and calculations will be required for all excavations which exceed
four (4) feet in depth or which remove lateral support from any existing building, adjacent
property or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall conform to Cal/OSHA regulations.
41. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection. This
certificate shall certify compliance with the recommendations as specified in the soils report;
and, the building pad elevation, on -site retaining wall locations and elevations are prepared
according to approved plans. Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d, Retaining Walls
42. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans
if a backwater valve is required and the location of the installation. The Town of Los Gatos
Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage
piping serving fixtures that have flood level rims less than 12-inches above the elevation of the
next upstream manhole.
43. TITLE 24 — COMMERCIAL: The building shall comply with the latest California Title 24
Accessibility Standards
44. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permit. The Town Special
Inspection form must be completely filled -out and signed by all requested parties prior to
permit issuance. Special Inspection forms are available from the Building Division Service
Counter or online at www.losgatosca.gov/building
45. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara
County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 24x36)
shall be part of the plan submittal as the second page. The specification sheet is available at the
Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee.
46. PLANS: The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538)
47, *AIR QUALITY MITIGATION MEASURE #1: Contract specifications shall include the
BAAQMD's Best Management Practices in effect at the time of construction. "Basic Control
Measures" for dust emissions and recommendations for exhaust emissions as outlined in the
BAAQMD CEQA Guidelines. These requirements include:
Basic Dust Control Measures (apply to all construction sites)
■ Water all active construction areas at least twice daily.
■ Cover all trucks hauling soil, sand, and other loose debris or require all trucks to
maintain at least two feet of freeboard.
■ Pave, apply water three times daily, or apply (non -toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites.
■ Sweep daily (with water sweepers) all paved access roads, parking areas, and staging
areas at construction sites.
■ Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets.
Equipment Exhaust Control Measures (apply to all construction projects to the extent
feasible)
• Use alternative -fueled construction equipment.
• Minimize idling time of construction equipment.
■ Maintain properly tuned equipment.
• Limit the hours of operation of heavy-duty equipment and/or the amount of
equipment in use.
48. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Joel Paulson at 354-6879
b. Engineering/Parks & Public Works Department: John Gaylord at 395-3460
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to permit
issuance,
f. Bay Area Air Quality Management District: (415) 771-6000
g. Environmental Health Department: (408) 885-4200
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
49. *GEOLOGY AND SOILS MITIGATION MEASURE #1: The recommendations of the
Kleinfelder geotechnical investigation (June 25, 2007) and supplemental response to peer
review (October 6, 2009) shall be incorporated in the final construction plans for the proposed
project (included as Attachment 4 of the Initial Study). Prior to the issuance of the building
permit(s), the Town shall review final construction plans submitted with the building per nit(s)
application to ensure that all recommendations of the investigation and response are
incorporated into the site design in order to minimize the potential impacts resulting from
regional seismic activity and subsurface soil conditions on the site.
50. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #1: The southbound left -
turn lane at the North Santa Cruz Avenue/Andrews Street intersection may be extended to 125
feet to accommodate the potential queue from project -related left -turn movements based on the
traffic study required by performance standard number 13 above.
51. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #2: The outbound left -
turn movement at the back alley driveway (onto Andrews Street) shall be prohibited due to the
potential conflict with exiting traffic from the underground parking garage.
52. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #3: The throat of the
access on Santa Cruz Avenue shall be re -designed to accommodate more exiting vehicles from
the parking lot and the underground parking garage,
53. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and/or the street will
not be allowed unless a special permit is issued. The developer's representative in charge shall
be at the job site during all working hours. Failure to maintain the public right-of-way
according to this condition may result in the Town performing the required maintenance at the
developer's expense.
54. ENCROACHMENT PERMIT. All work in the public right-of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security,
55. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on -
site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to
do so will result in rejection of work that went on without inspection.
56. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant
capacity fees shall be paid either immediately prior to the recordation of any subdivision or
tract maps with respect to the subject property or properties, or immediately prior to the
issuance of a sewer connection permit, which ever event occurs first — written confirmation of
payment of these fees shall be provided prior to map recordation.
57. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress printing to
the Town for review of above ground utilities including backflow prevention devices, fire
department connections, gas and water meters, off-street valve boxes, hydrants, site lighting,
electrical/communication/cable boxes, transformers, etc. Above ground utilities shall be
reviewed and approved by Community Development prior to issuance of any permit.
58. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded prior to any permits.
59. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job
site at all times during construction.
60. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading
permit application (with grading plans) shall be made to the Engineering Division of the Parks
& Public Works Department located at 41 Miles Avenue. The grading plans shall include final
grading, drainage, retaining wall location, driveway, utilities and interim erosion control.
Grading plans shall list earthwork quantities and a table of existing and proposed impervious
areas. Unless specifically allowed by the Director of Parks and Public Works, the grading
permit will be issued concurrently with the building permit. The grading permit is for work
outside the building footprint(s). A separate building permit, issued by the Building
Department on E. Main Street is needed for grading within the building footprint.
61. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit.
62. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
a. Retaining wall --top of wall elevations and locations
b. Toe and top of cut and fill slopes
63. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations
and grading shall be inspected by the applicant's soils engineer prior to placement of concrete
and/or backfill so they can verify that the actual conditions are as anticipated in the design -
level geotechnical report, and recommend appropriate changes in the recommendations
contained in the report, if necessary. The results of the construction observation and testing
should be documented in an "as -built" letter/report prepared by the applicants' soils engineer
and submitted to the Town before final release of any occupancy permit is granted.
64. SHARED PRIVATE ALLEY. The private alley along the eastern boundary of the Project Site
shall be kept open and in a safe, drive -able condition throughout construction. If temporary
closure is needed, then formal written notice shall be provided at least one week in advance of
closure to all affected parties. Exact details of closure requirements including noticing,
signage, etc. will be determined at subsequent approval.
65. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an
encroachment permit. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may be required.
66. PARKING. Any proposed parking restrictions must be approved by Los Gatos Police
Department.
67. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that
the building foundation was constructed in accordance with the approved plans shall be
provided subsequent to foundation construction and prior to construction on the structure. The
pad certification shall address both vertical and horizontal foundation placement.
68. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to submittal
of plans to the Engineering Division of the Parks and Public Works Department.
69. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of
any Permit.
70. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of
any site work; the general contractor shall:
a. Along with the project applicant, attend a pre -construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub -contractors have read and
understand them prior to commencing work and that a copy of the project conditions
of approval will be posted on site at all times during construction.
71. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main
Street, may be required for site retaining walls. Walls are not reviewed or approved by the
Engineering Division of Parks and Public Works during the grading permit plan review
process.
72, GEOLOGY AND SOILS. A geotechnical investigation shall be conducted for the project to
determine the surface and sub -surface conditions at the site and to determine the potential for
surface fault rupture on the site. The geotechnical study shall provide recommendations for
site grading as well as the design of foundations, retaining walls, concrete slab -on -grade
construction, excavation, drainage, on -site utility trenching and pavement sections. The
investigation will be reviewed by Town Consultant and all comments addressed (deposit
already received). All recommendations of the final investigation shall be incorporated into
project plans
73. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review
the final grading and drainage plans to ensure that designs for foundations, retaining walls, site
grading, and site drainage are in accordance with their recommendations and the peer review
comments. The applicant's soils engineer's approval shall then be conveyed to the Town either
by letter or by signing the plans.
74. DEDICATIONS. The following shall be dedicated by separate instrument. The dedication
shall be recorded before occupancy is allowed.
a. North Santa Cruz Ave and Andrews Street may require Sidewalk easements at
commercial driveways based on final design.
75. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to
issuance of any permit.
76. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's public
frontage to current Town Standards. These improvements may include curb, gutter, sidewalk,
bus pads, concrete parking apron, driveway approaches, curb ramps (required to be ADA
compliant), traffic devices, etc.
a. Traffic Signal at Andrews/Santa Cruz will need to be upgraded (all 4 directions) to
include Energy Efficient LED lighting signal indication, replacing 3M optical signal
indication with standard LED head, LED pedestrian countdown signals, replace 8"
signal heads with 12" Town standard (as needed), ADA push buttons and traffic
cameras (video detection). Condition includes modifying controller and service
cabinets as necessary as directed by Town Engineer.
b. Upgrade frontage street lighting to energy efficient LED (5 total-3 stand alone, 2 on
signal poles).
77, DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer, in
writing, at least 72 hours in advance of all differences between the proposed work and the
design indicated on the plans. Any proposed changes shall be subject to the approval of the
Town before altered work is started. Any approved changes shall be incorporated into the final
"as -built" drawings.
78. TRAFFIC IMPROVEMENTS. Extend southbound left -turn storage to 125 feet for south
bound N Santa Cruz at Andrews Ave (see TJKM Traffic Impact Study dated October 1, 2009 —
Conclusions item 5)
79. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a fee
proportional to the project's share of transportation improvement needed to serve cumulative
development within the Town of Los Gatos. The fee amount.will be based upon the Town
Council resolution in effect at the time the building permit application is made. The fee shall
be paid before the building permit is issued. The traffic impact mitigation fee for this project,
using the current fee schedule and the preliminary plans is approximately $125,000. The final
fee shall be calculated from the final plans using the rate schedule in effect at the time of the
building permit application, using a trip generation rate based on proposed use.
80. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit, the
project Applicant shall complete a pavement condition survey documenting the extent of
existing pavement defects using a 35-mm or digital video camera. The survey shall extents
shall be determined in subsequent approvals. In addition, a pavement deflection analysis
conforming to the same limits as the photographic survey shall be performed to determine
pavement strength. The results shall be documented in a report and submitted to the Town for
review.
81. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete a
pavement condition survey and pavement deflection analysis to determine whether road
damage occurred as a result of project construction and whether there were changes in
pavement strength. Rehabilitation improvements required to restore the pavement to pre -
construction condition and strength shall be determined using State of California procedures
for deflection analysis. The results shall be documented in a report and submitted to the Town
for review and approval. The Applicant shall be responsible for completing any required road
repairs prior to release of the faithful performance bond.
82. RESLURRY PROJECT FRONTAGE. The project will be required to re -slurry the project
frontage prior to final occupancy (exact limits to be determined by Town Engineer based on
actual project impacts).
83. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A Notice of
Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the
San Francisco Bay Regional Water Quality Control Board for projects disturbing more than
one acre. A maximum of two weeks is allowed between clearing of an area and
stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion
control measures, to be carried out during construction and before installation of the final
landscaping shall be included. Interim erosion control method shall include, but are not limited
to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard
seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control
measures as needed to protect downstream water quality during winter months. The grading,
drainage, erosion control plans and SWPPP shall be in compliance with applicable measures
contained in the amended provisions C.3 and C.14 of Order No, R2-2005-0035 of the amended
Santa Clara County NPDES Permit.
84. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and by
landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in
use at the construction site. All portions of the site subject to blowing dust shall be watered as
often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-
toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at
construction sites in order to insure proper control of blowing dust for the duration of the
project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers
or by hand as often as deemed necessary by the Town Engineer, or at least once a day..
Watering associated with on -site construction activity shall take place between the hours of 8
a.m, and 5 p.m. and shall include at least one late -afternoon watering to minimize the effects of
blowing dust. All public streets soiled or littered due to this construction activity shall be
cleaned and swept on a daily basis during the workweek to the satisfaction of the Town.
Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts)
exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered.
85. TRUCK ROUTING AND LOGISTICS PLAN. The applicant will be required to adhere to the
attached Truck Routing and Logistics Plan (Exhibit C), specifically the construction vehicle
route and construction ingress and egress locations. Any required modification to this plan
must be temporary and approved in writing by the Town Engineer prior to implementation.
Notification of any proposed modification must be provided to all adjacent properties at time
of proposed modification. Onsite signage of any approved modifications must be provided one
week prior to implementation. The final Construction and Management Plan must comply with
these documents.
86. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction staging
area, construction trailer, and proposed outhouse locations.
87. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion
of a street which abuts property in a residential zone without prior approval from the Town
Engineer (§ 15.40.070).
88. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks or other approved
BMP devices. No through curb drains will be allowed.
89. STORM WATER MANAGEMENT PLAN. A final storm water management shall be
included with the grading permit application for all Group Land Group 2 projects as defined in
the amended provisions C,3.d. of Order No. R2-2005-0035 of the amended Santa Clara County
NPDES Permit No. CAS029718. The plan shall delineate source control measures and BMP's
together with the sizing calculations. The plan shall be certified by a professional pre -qualified
by the Town. In the event that storm water measures proposed on the Planning approval differ
significantly from those certified on the Building/Grading Permit, the Town may require a
modification of the Planning approval prior to release of the Building Permit. The applicant
may elect to have the Planning submittal certified to avoid this possibility.
90. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION
AND MAINTENANCE OBLIGATIONS. The property owner shall enter into an agreement
with the Town for maintenance of the stormwater filtration devices required to be installed on
this project by Town's Stormwater Discharge Permit No. CAS029718 and modified by Order
No. R2-2005-0035. The agreement will specify that certain routine maintenance shall be
performed by the property owner and will specify device maintenance reporting requirements.
The agreement will also specify routine inspection requirements, permits and payment of fees.
The agreement shall be recorded prior to release of any occupancy permits,
91. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a
daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the
Town's storm drains.
92. UTILITIES, The developer shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines underground,
as required by Town Code §27.50.015(b). All new utility services shall be placed
underground. Underground conduit shall be provided for cable television service.
93. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc.
shall be repaired and replaced to a condition equal to or better than the original condition.
Existing improvement to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.
Developer shall request a walk-through with the Engineering Construction Inspector before the
start of construction to verify existing conditions.
94. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any
sidewalk damaged now or during construction of this project. Sidewalk repair shall match
existing color, texture and design, and shall be constructed per Town Standard Details. The
limits of sidewalk repair will be determined by the Engineering Construction Inspector during
the construction phase of the project.
95. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any
curb and gutter damaged now or during construction of this project. New curb and gutter shall
be constructed per Town Standard Details. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
project.
96. DRIVEWAY APPROACH. The developer shall install three commercial driveway
approach(es). The new driveway approaches shall be constructed per Town Standard Details.
97. AS -BUILT PLANS. After completion of the construction of all work, the original plans shall
have all changes (change orders and field changes) clearly marked. The "as -built" plans shall
again be signed and "wet -stamped" by the civil engineer who prepared the plans, attesting to
the changes. The original "as -built" plans shall be review and approved the Engineering
Inspector. A Mylar and AutoCAD disk of the approved "as -built" plans shall be provided to
the Town before the Faithful Performance Security or Occupancy Permit is released. The
AutoCAD file shall include only the following information and shall conform to the layer
naming convention: a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway, Layer:
DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer:
SWIMMING -POOL; e) Tennis Court, Layer: TENNIS -COURT; f) Property Line, Layer:
PROPERTY -LINE; g) Contours, Layer: NEWCONTOUR. All as -built digital files must be on
the same coordinate basis as the Town's survey control network and shall be submitted in
AutoCAD version 2000 or higher.
98. SANITARY SEWER LATERAL, Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean -out at the property line.
99. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have
flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system serving
such drainage piping shall be protected from backflow of sewage by installing an approved
type backwater valve. Fixtures above such elevation shall not discharge through the backwater
valve, unless first approved by the Administrative (Sec, 6.50.025). The Town shall not incur
any liability or responsibility for damage resulting from a sewer overflow where the property
owner or other person has failed to install a backwater valve, as defined section 103(e) of the
Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such
device in a functional operating condition. Evidence of West Valley Sanitation District's
decision on whether a backwater device is needed shall .be provided prior to issuance of a
building permit.
100, OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and area
drains connected to the sanitary sewer system shall be provided. Temporary trash enclosures
are exempt from this condition.
101. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and
West Valley Sanitation District for the interception; separation or pretreatment of effluent.
102. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m, to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five
(85) dBA at twenty-five (25) feet. If the device is located within a structure on the property,
the measurement shall be made at distances as close to twenty-five (25) feet from the device as
possible. The noise level at any point outside of the property plane shall not exceed eighty-five
(85) dBA.
103. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during
the course of construction. Superintendence of construction shall be diligently performed by a
person or persons authorized to do so at all times during working hours. The storing of goods
and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is
issued by the Engineering Division, The adjacent public right-of-way shall be kept clear of all
job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities, The storing of goods and materials on the sidewalk and/or the street will
not be allowed unless a special permit is issued, The developer's representative in charge shall
be at the job site during all working hours. Failure to maintain the public right-of-way
according to this condition may result in the Town performing the required maintenance at the
developer's expense.
104. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.).
Prior to the issuance of a building permit, the developer shall work with the Town Building
and Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic
flow under periods when soil is hauled on or off the project site. This may include, but is not
limited to provisions for the developer/owner to place construction notification signs noting the
dates and time of construction and hauling activities, or providing additional traffic control.
Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at
least two feet of freeboard.
105. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
106. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
107. FUTURE STUDIES. Any project traffic, parking counts, or other studies imposed by Planning
Commission• or Town Council shall be funded by the applicant.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
108, FIRE SPRINKLERS REQUIRED: Approved automatic sprinklers are required in all new and
existing modified buildings when gross floor area exceeds 3,600 square feet or that are 3 or
more stories in height. Exception: One-time additions to existing buildings made after
01/01/2008 that do not exceed 500 gross square feet. A State of California licensed (C-16) Fire
Protection Contractor shall submit plans, calculations, a complete permit application and
appropriate fees to this department for review and approval prior to beginning their work.
109. PRIVATE ON -SITE FIRE HYDRANT(S) REQUIRED: Provide one (1) private on -site fire
hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department.
Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flow of 2,000 GPM
at 20 psi residual pressure. Prior to design, the project civil engineer shall meet with the fire
department water supply officer to jointly spot the required fire hydrant locations.
110, POTABLE WATER SUPPLIES: Potable water supplies shall be protected from contamination
caused by fire protection water supplies. It is the responsibility of the applicant and any
contractors and subcontractors to contact the water purveyor supplying the site of such project,
and to comply with the requirements of that purveyor. Such requirements shall be incorporated
into the design and any water -based fire protection systems, and/or fire suppression water
supply systems or storage containers that may be physically connected in any manner to an
appliance capable of causing contamination of the potable water supply of the purveyor of
record. Final approval of the system(s) under consideration will not be granted by this office
until compliance with the requirements of the water purveyor of record are documented by that
purveyor as having been met by the applicant(s).
111, FIRE LANE MARKING REQUIRED: Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installations shall also conform to Local
Government Standards and Fire Department Standard Details and Specifications A-6,
TO THE SATISFACTION OF THE POLICE DEPARTMENT:
112. CAMERA AND LIGHTING PLAN: At the time of building permit plan submittal, the
applicant shall submit a camera and lighting plan. The plan shall include night/day high
resolution cameras at the entrance/exits to the supermarket and parking garage The DVR
system shall hold at least 48 to 72 hours of recording before write -over with the ability to
review any criminal activity at the time of occurrence or the ability to burn a DVD within 24
hours or less. The camera and lighting plan shall be installed prior to commencement of use to
the satisfaction of the Chief of Police.
* Required Mitigation Measure.
ORDINANCE 2186
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on January 19, 2010, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a meeting of the Town Council of the Town of Los Gatos on February 1, 2010 and becomes
effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman and Mayor Diane McNutt
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Lmie, AleVAL
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TEST:
OF TH TOWN OF LOS GATOS
TOS, CALIFORNIA